Texas Pretrial Motions Overview

Summary

In Texas felony criminal cases, pretrial motions include motions to suppress evidence, dismiss indictments, and change venue. A Franks hearing challenges search warrant validity, requiring proof of false statements in the affidavit. Evidence for a Franks hearing may include police reports, affidavits, and body camera footage. For cases involving failure to register social media, legal databases like Westlaw or LexisNexis are essential for research. Access Texas Department of Public Safetys website for sex offender registry compliance reports.

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criminal texas felony
For a criminal felony case in Texas, here are some common pretrial pleadings, motions, and filings:
- Motion to Suppress Evidence: Request to exclude certain evidence.
- Motion in Limine: Request to limit certain evidence or testimony.
- Motion for Continuance: Request to postpone the trial.
- Motion to Reduce Bail: Request to lower bail amount.
- Motion to Dismiss Indictment: Request to dismiss the charges.
Could you specify the type of felony charge you're dealing with?
list all of the texas felony criminial types of pretial motions and pleadings
For Texas felony criminal cases, here are some pretrial motions and pleadings:
- Motion to Suppress Evidence
- Motion in Limine
- Motion for Continuance
- Motion to Reduce Bail
- Motion to Dismiss Indictment
- Motion for Change of Venue
- Motion for Discovery
- Motion for Bill of Particulars
- Motion to Quash Indictment
- Motion for Severance of Offenses or Defendants
- Motion for a Speedy Trial
- Motion to Compel
Is there a specific type of felony charge you're facing?
what evidence is needed for a motion of quash indictment
For a Motion to Quash Indictment in Texas, the evidence typically needed includes:
- Defects in the indictment: Errors in the legal document itself.
- Lack of probable cause: Insufficient evidence to support the charges.
- Statute of limitations issues: Charges filed too late.
- Violation of constitutional rights: Due process violations.
What specific reason are you considering for quashing the indictment?
they offered no exculpatory evidence at the grand jury
In Texas, exculpatory evidence must be presented to the grand jury if known to the prosecution. If this wasn't done, it could be a basis for a Motion to Quash the Indictment.
- Failure to present exculpatory evidence can violate due process.
- Consult a criminal defense attorney to explore this further.
Do you have legal representation currently?
are all the pretrial motions list above
In Texas, the pretrial motions for criminal felony cases include:
- Motion to Suppress Evidence
- Motion in Limine
- Motion for Continuance
- Motion to Reduce Bail
- Motion to Dismiss Indictment
- Motion for Change of Venue
- Motion for Discovery
- Motion for Bill of Particulars
- Motion to Quash Indictment
- Motion for Severance of Offenses or Defendants
- Motion for a Speedy Trial
- Motion to Compel
Are you looking for information on how to file any specific motion?
what was the child porn case the judge dimissed because the government refused to disclose how they obtained IP address of defendant?
You're likely referring to the case of United States v. Michaud. In this case, the judge dismissed charges against Jay Michaud because the government refused to disclose information about how they obtained the defendant's IP address through the use of a Network Investigative Technique (NIT).
Does this information help with your query?
what is a franks hearing?
A Franks hearing is a legal proceeding where the defendant challenges the validity of a search warrant. The defendant must demonstrate that law enforcement officers included false statements in the affidavit intentionally or with reckless disregard for the truth.
Is this related to your criminal case in Texas?
are witnesses called at the Franks hearing?
Yes, witnesses can be called at a Franks hearing. Both the defense and prosecution may present testimony to support their arguments regarding the truthfulness of statements made in the affidavit for the search warrant.
Is there a specific aspect of the Franks hearing that you need more information about?
the warrants was a federal search and seizure for electronic devices, no suspect but suspeician of child porn, the state police assisted but started the raid at night and made an arrest for failure to register, no mentioned on the warrant before 6am, the time the federal judge approved for raid. is this enough for a Franks hearing?
To challenge the validity of a search warrant through a Franks hearing, you need to show that false statements were made intentionally or with reckless disregard for the truth in the warrant affidavit. The discrepancy about the time of the raid could potentially support your claim.
Do you have any evidence that the officers knew the raid was conducted outside the approved hours?
how would i find this evidence,
You will need to gather evidence to show that the officers intentionally or recklessly disregarded the time specified in the warrant. Here are a few suggestions:
- Police Reports: Request copies of all police reports related to the raid.
- Affidavits: Obtain affidavits from witnesses or officers involved.
- Body Camera Footage: Check if body camera footage from the officers is available.
- Dispatch Logs: Look into police dispatch logs to confirm the timing.
- Surveillance Footage: If available, obtain any surveillance footage from the scene.
Do you have access to legal representation to help gather this evidence?
list ALL cases where the defendant reported all the online indentifiers but did not report the social media associated with the names
Locating specific cases where defendants reported all online identifiers but failed to report social media associated with the names is complex. Typically, this would be found in legal databases or through court records. For a detailed list, you may need to consult with a legal professional or access a legal research database such as Westlaw or LexisNexis.
Are you looking for any particular type of legal assistance in this matter?
im looking for all cases were the sex offenders reported online indentifiers but was arrested for not reporting social media
To find cases where sex offenders reported online identifiers but were arrested for not reporting social media, you would need access to legal databases like Westlaw or LexisNexis. You can also check the Texas Department of Public Safety's sex offender registry compliance reports.
Are you interested in guidance on how to access these databases or in specific legal assistance?
where do i find the Texas Department of Public Safety's sex offender registry compliance reports?
You can find the Texas Department of Public Safety's sex offender registry compliance reports on their official website.

Texas Department of Public Safety


Website: [Texas DPS Sex Offender Registry](https://www.dps.texas.gov/section/crime-records/sex-offender-compliance)
Are you looking for information on a specific individual or general compliance statistics?
general compliance statistics
For general compliance statistics related to the Texas Department of Public Safety's sex offender registry, you can visit their official website. They typically provide annual reports detailing compliance rates and other relevant data.

Texas Department of Public Safety~
Website: [Texas DPS Sex Offender Registry](https://www.dps.texas.gov/section/crime-records/sex-offender-compliance)


Are you seeking any specific statistics or reports?
please list ALL texas cases for failure to register social media?
Finding a comprehensive list of all Texas cases for failure to register social media is challenging, as such detailed information typically requires access to legal databases or court records. Here’s what you can do:
- Use legal research databases like Westlaw or LexisNexis for case law searches.
- Check the Texas Department of Public Safety's website or contact them for specific cases.
Would you like guidance on accessing these databases or any other assistance?

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